In this video we discuss five emerging trends in 2025 that are likely to affect U.S. green card holders — they reflect changes and risks that are gaining traction.
If you’re a green card holder—or hoping to become one—you need to know that getting arrested for driving under the influence, accumulating speeding tickets, not paying taxes, or even prolonged absences from the United States can have serious consequences for your status.
What to Avoid
To stay off the radar of immigration enforcement—especially under stricter policies—it’s crucial to avoid any legal troubles that could flag your record. This means steering clear of DUIs, repeated traffic violations like speeding tickets, and making sure you’re fully compliant with tax filings. Also, be cautious with international travel. Extended or frequent trips abroad without proper documentation can raise red flags.
Staying law-abiding, keeping your paperwork in order, and consulting an immigration lawyer if issues arise are the best ways to minimize risk and protect your status.
On September 19th President Trump signed an executive order establishing the Gold Card (EO 14351)—a new visa program allowing foreign nationals who make a $1 million nonrefundable gift to the U.S. Department of Commerce—or $2 million if made by a corporation or other entity on their behalf—to qualify for expedited immigrant visa processing.
These gifts are treated as evidence of “exceptional business ability” or “national benefit” when applying under employment-based immigrant visa categories, such as EB-1 or EB-2 (including national interest waivers). Federal agencies have 90 days to implement the program, including setting up application procedures, fees, and adjustment-of-status mechanisms.
Looking ahead, the Trump administration is reportedly considering the rollout of a “Platinum Card” program. This initiative would allow individuals to contribute $5 million in exchange for the ability to live in the United States for up to 270 days per year, without being taxed on their foreign income. However, no official details have been released at this time.
Is the Gold Card Set to Replace the EB-5 Immigrant Investor Program?
The big question many are asking is whether the Gold Card will ultimately replace the EB-5 Immigrant Investor Program.
According to the latest announcement, the EB-5 Immigrant Investor Program will continue operating separately from the Gold Card.
On September 19, 2025, President Trump issued a presidential proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers,” announcing new changes to the H-1B visa program. The proclamation imposes a $100,000 fee on all new H-1B petitions filed after 12:01 a.m. EDT on September 21, 2025, but leaves open the possibility of applying for national interest exceptions for those impacted.
According to the proclamation, the goal is to prioritize highly skilled and highly paid foreign workers while curbing abuse of the H-1B visa program for specialty occupations. The measure is set to remain in effect for 12 months unless extended.
The timing and language of the proclamation has caused widespread confusion and concern among employers, as well as both current and prospective H-1B workers. In response, the White House and federal agencies issued follow-up explanations, which have left many questions unanswered and even contradicted the text of the proclamation.
Policy Memorandums
In a memo published the day after the proclamation, U.S. Citizenship and Immigration Services (USCIS) explained that the $100,000 fee applies only to new H-1B petitions filed after the September 21 effective date.
U.S. Customs and Border Protection (CBP) similarly posted on X: “President Trump’s updated H-1B visa requirement applies only to new, prospective petitions that have not yet been filed. Petitions submitted prior to September 21, 2025, are not affected.”
In a separate statement, the State Department said, “The Proclamation’s restrictions on visa issuance and entry apply only to aliens seeking visa issuance or entry into the United States based on H-1B petitions filed with USCIS after the Proclamation’s effective date of September 21, 2025, at 12:01 a.m. Eastern Daylight Time (EDT).”
To further clarify the proclamation’s impact, USCIS issued the following FAQs:
Recent changes to the green card application process have added new hurdles that could make interview approvals more difficult. In this blog, we’ll break down what these changes are and how they could affect your chances of success.
What’s changed?
USCIS officers now have expanded authority
Immigration officers have been granted law enforcement powers as federal agents
Increased ability to investigate immigration cases for fraud, misrepresentation, and other violations
Authority to refer cases for criminal prosecution
Power to arrest and detain applicants during green card interviews for violations
USCIS Shifts from Administrative to Law Enforcement Agency
For decades, U.S. Citizenship and Immigration Services (USCIS) has primarily served as an administrative agency. Its core function has been to process immigration benefits such as green cards, work permits, naturalization, and other legal status applications. USCIS operated separately from Immigration and Customs Enforcement (ICE), which is tasked with enforcing immigration laws, including detaining and removing individuals who are in violation. This separation reflected a clear distinction between those applying for lawful immigration benefits and those facing enforcement actions.
However, in recent months, USCIS policies have started to shift in a direction that aligns more closely with immigration enforcement. Officers within the agency are being granted expanded authority, including certain law enforcement powers. For example, USCIS officers now have increased discretion to investigate cases for fraud, misrepresentation, or other immigration violations — and in some cases, they may refer cases for prosecution or even detain applicants during in-person interviews for immigration violations.
As of August 2025, U.S. Citizenship and Immigration Services (USCIS) has resumed conducting personal investigations for certain naturalization applicants including home visits, neighborhood investigations, and visits at places of employment. These visits are part of the agency’s new efforts to verify the accuracy of information provided in citizenship applications and to prevent immigration fraud.
Highlights
Neighborhood Visit Policy Revived: USCIS has reinstated the neighborhood investigation policy after more than 30 years of limited or no enforcement.
Applies to Citizenship Applicants: This is a new development specifically affecting individuals applying for U.S. naturalization.
Focus on Verifying Eligibility: Neighborhood visits may be used to verify details such as residence, good moral character, and other naturalization requirements.
Supporting Documentation Encouraged: Applicants are advised to submit testimonial letters from neighbors, employers, or associates to potentially avoid in-person visits.
Policy Overview
Although neighborhood visits are not a new practice, they were generally suspended because USCIS relied on biometric checks and criminal history checks to determine an applicant’s good moral character and eligibility for naturalization. Their resurgence reflects a renewed emphasis on evaluating a person’s background to determine whether they possess “good moral character”—a requirement for citizenship. Officers may visit applicants’ residences to confirm details like physical presence, marital status (especially in spousal-based cases), and other eligibility requirements.
In practice, this is likely to occur if, after the USCIS citizenship interview, the officer remains unconvinced that the applicant demonstrates good moral character or meets other eligibility requirements.
The U.S. Citizenship and Immigration Services (USCIS) has ramped up its enforcement efforts against individuals who have falsely claimed U.S. citizenship.
In a new policy memorandum issued on August 20, 2025, USCIS clarified that making a false claim to U.S. citizenship is a serious immigration violation that results in a permanent lifetime bar to adjustment of status—and, in most cases, there is no available waiver to overcome this ground of inadmissibility.
The policy memo explains that an immigration officer may find someone inadmissible for a false claim to U.S. citizenship, if the person made the claim with the subjective intent to gain a benefit or purpose under the Immigration and Nationality Act (INA) or any other federal or state law.
This requires an officer to consider direct or circumstantial evidence to determine whether the individual had the subjective intent to gain such a benefit or purpose based on the following factors: age, level of education, background, mental capacity, level of understanding, appreciation of the difference between truth and falsity, and other relevant circumstances.
Are you applying for an immigrant visa and want to know when your priority date will become current? Then you won’t want to miss our analysis of the September 2025 Visa Bulletin.
In this video, attorney Jacob Sapochnick explains what you can expect to see in terms of the movement of the family-sponsored and employment-based visa categories in the month of September.
USCIS Adjustment of Status
For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will continue to use the Final Action Dates chart to determine filing eligibility for adjustment of status to permanent residence in the month of September.
For family-sponsored preference categories, USCIS will also continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of September.
What can we expect to see in the month of September?
Employment-Based Categories
There will be no changes to the employment-based Final Action Dates and Dates for Filing for the month of September.
The Visa Bulletin contains an important note that says the Visa Office expects to reach the FY 2025 annual limit for most employment-based categories during August and September. When this occurs, affected categories will become “unavailable” and no visas will be issued.
In a significant shift in immigration policy, U.S. Citizenship and Immigration Services (USCIS) now has the authority to deny green card applications outright—without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).
In this video, attorney Jacob Sapochnick explains how this new change empowers USCIS officers to make immediate decisions when an application lacks sufficient initial evidence, potentially leaving applicants with fewer opportunities to correct mistakes or provide missing documentation.
This makes the application process more unforgiving and raises the stakes for submitting a thorough and complete green card application from the start. Here’s what you need to know about how this policy could impact your green card journey, and more importantly how to protect yourself.
What’s changed?
Previously, when a green card application was submitted with missing or insufficient information, USCIS would typically issue a Request for Evidence (RFE). This notice outlined the specific issues or missing documents and gave the applicant a chance to respond and provide the necessary information to support their case by the specified deadline.
The RFE process served as a safeguard, allowing applicants to correct honest mistakes or oversights before a final decision was made on their application.
Now, that safeguard is no longer guaranteed. Under new USCIS policies, officers can deny green card applications outright if they determine the initial submission lacks sufficient evidence, without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).
In this video, attorney Jacob Sapochnick explains why immigrant visa numbers are no longer available for certain visa categories for the rest of fiscal year 2025, as the annual limit on visa issuances has already been reached, well before the fiscal year’s end on September 30.
This news affects workers awaiting green card approval, employers navigating sponsorship timelines, and helps green card applicants manage their expectations.
In this blog post, we’ll break down what this means, why it happened, and what those affected can expect moving forward as the immigration system resets on October 1st for the next fiscal year.
What is visa number management in immigration?
First, let’s discuss visa number management in immigration.
This refers to the process by which the U.S. government tracks and allocates the limited number of immigrant visa numbers available each fiscal year. These numbers are divided across various categories, including family-based and employment-based immigration, and are subject to annual limits on visa issuance set by Congress.
Why are there annual limits on visas?
Proper visa number management ensures that the limited supply of visas is distributed fairly and efficiently among the various visa categories and countries each year. It also helps the government plan and monitor immigration flows, while giving applicants and employers a clearer picture of potential wait times and availability.
Who manages visa issuance?
The U.S. Department of State, in coordination with U.S. Citizenship and Immigration Services (USCIS), is responsible for issuing annual visa numbers. Each month, the State Department publishes the Visa Bulletin, which outlines visa number availability and priority date cutoffs, helping applicants determine when they may proceed with their green card applications.
Since the demand for visas significantly exceeds the annual supply, the State Department imposes “cutoff dates” where individuals must wait in line for a visa. Typically, the majority of visa categories reach their limits by the summer months. When this occurs, no additional visas can be issued until the start of the new fiscal year on October 1st.
In this video, attorney Jacob Sapochnick discusses new changes to the U.S. visa interview waiver policy announced by the State Department and what visa applicants need to know moving forward.
Effective September 2, 2025, the U.S. Department of State is making significant changes to the categories of applicants eligible for a nonimmigrant visa interview waiver. Under the new policy, most applicants, including children under 14 and seniors over 79, will generally be required to appear for an in-person interview with a U.S. consular officer—with a few notable exceptions.
These changes override the previous Interview Waiver Update issued on February 18, 2025, and will have wide-reaching implications for those planning to travel to the United States on a nonimmigrant visa.
Who May Qualify for an Interview Waiver After September 2nd?
Despite the overall tightening of interview requirements, some categories of applicants may still be eligible to skip the in-person interview, including:
Certain Diplomatic and Official Visa Holders
Applicants under the following visa classes are exempt from the interview requirement:
A-1, A-2 (representatives of foreign governments)
C-3 (excluding attendants or personal staff)
G-1 through G-4 (representatives of international organizations)
NATO-1 through NATO-6
TECRO E-1 (Taipei Economic and Cultural Representative Office officials)
Diplomatic or Official-Type Visa Applicants
Those applying for visas that support diplomatic or governmental missions may still be eligible for interview waivers.
